Employer refusing Holiday Pay?

remus808

So I'd been working in Tesco since April, and worked my last day today. I was rostered until 9pm, but left unnoticed without telling anyone at 8pm because I'd been asked to babysit my little brother- figuring it was my last day, I thought I'd get away with it. Plus both of the two tasks I was meant to be doing had two other people each doing them, so it's not like we were busy/understaffed or anything.

However, I got a txt from a fellow employee saying one of the managers had said I now would not be getting my holiday pay. (I haven't taken any holidays since I started, and am owed about 25-30 hours worth). Although technically he dosent have the authority to make this decision, if he tells my Personnel manager that I left early will I not recieve my holiday pay?

Surely all they can do is dock my pay for the hour I left early. It was awful to be working a late shift on my last day, and most of the managers werent expecting me to show up anyway. Also, I was threatened with various pranks etc at the end of my shift, can I use this as an excuse for leaving early? I.e. to avoid beatings/whatever.

I'm a poor student and need the extra money and am now concerned I wont recieve my money over something so trivial!

p.s: I haven't been paid for extra hours I'v been asked to work in the past, despite being told repeatedly that it's being 'sorted out'. Surely if I work extra hours unpaid I can't be harshly treated for leaving a poxy hour early!

BostonB

I guess no they can't.

mikemac

You'll get your holiday pay but don't hang about.

Go above his head and write a letter (no phone calls or emails) and outline what you are owed and you'll be referring the matter to a Rights Commissoner from Dept. of Trade, Enterprise and Employment if your holiday pay is refused.

Went through the same situation as you in a hotel a few years back only I was let go after the busy summer season.
That's what the good people of the Citizens Information Service told me to do and it worked. They're very helpful for stuff like this.

remus808

Thanks, great advice micmclo!

Do I really need to hurry on this one though? I'd rather wait and see if I'm given it first, as it's rather 50-50 at present. I don't want to piss them off with threats just yet seeing as I may be going back there next year.

I wasn't aware holiday pay was a legal entitlement? Nice.

mikemac

Worried about pissing them off? Tesco are one the biggest corporations in the UK and Ireland and your holiday pay is not going to worry them.
Sorry to say it but in one month your manager won't even remember your name.

Read your post again and your manager could have sacked you for walking out early but since you were leaving it doesn't matter anyway.

The reason you need to hurry is because a lot of companies don't let you carry over extra holidays from one year to the next.
So if you wait until next January and Feburary Tesco might claim your holiday entitlements are gone and you won't get them.
I'm not sure what happens as you've left but this would apply if you were there full-time. Try and sort it this month but sure wait a week or two until you get your P45 and final payslip.

And further questions talk to these guys. Very helpful
http://www.citizensinformationboard.ie/

AARRRGH

You'll get your holiday pay, but you've lost a reference.

minxmad

there is definitely an issue with you leaving the store without authorisation, even if it was your last day.
You are entitled to your holiday pay as the only time you would lose that would be if you were summarily dismissed,which would happen as a result of gross misconduct.
(Leaving the store an hour before your shift was finished without authorisation could actually be viewed as this, not to mention that it is rude and shows lack of respect)However as you are leaving there would be no point in going through a disciplinary process with you.

I am sure if you had spoken to your boss something could have been arranged particularly as it was your last day.

Where you have caused probelms for yourself is if as you say you may be returning to work there next year, I am a retail Manager myself and if I was involved in your situation, you would not get your job back, In fact it never ceases to amaze me how many people when they behave like this get all shocked and upset when they are not taken back!!
I know you have said you worked extra hours and despite you asking about it you didnt get paid for them, however this does not excuse you walking of the premises without prior agreement, you could have used this to negotiate going home early on your last day.

Wishbone Ash

karmabass wrote:

Surely all they can do is dock my pay for the hour I left early

If employers just docked pay for absenteeism then it would encourage a ridiculous working environment where people could work 'flexitime'. There used to be an ongoing probelm with two employees in my workplace who used to come in an hour or two late and simply request that they be docked pay. When I took charge I was having none of that. The first day they weren't in on time, I reported them absent to higher authority and marked then on the returns roster as being AWOL. I left it up to them to explain it to higher management. The problem ended immediately. Docking pay is too convienent for staff.

karmabass wrote:

It was awful to be working a late shift on my last day

Welcome to the real world. It's not as if you have been there 40 years! 9 pm isn't particularly late.

karmabass wrote:

I was threatened with various pranks etc at the end of my shift, can I use this as an excuse for leaving early?

Of course not.

karmabass wrote:

I'm a poor student and need the extra money

I would think that a 'poor student' shouldn't be burning his/her bridges.

karmabass wrote:

Surely if I work extra hours unpaid I can't be harshly treated for leaving a poxy hour early!

You would be in a stronger position to reclaim your money if you didn't leave a 'poxy hour early'.

Zambia

I have to agree with Ash above.

You will get your money I reckon but the in essence you fecked them around so they are no going to do the same to you.

In a few years when Tesco own the world like they are planning* this error could cost you. Due to a centralised referencing system.

* Unproven comment

seamus

Wishbone Ash wrote:

You would be in a stronger position to reclaim your money if you didn't leave a 'poxy hour early'.

Bull Ash, really.

He's legally entitled to his holiday pay, regardless of how the employment ended. If they had fired him for gross misconduct, they are still legally bound to pay him any outstanding wages, expenses and holiday pay.

OP, how you left it is irrelevant. However, as you say it was only a poxy hour - you could have just stayed and then walked as soon as the hour was over (assuming that you would normally be expected to stay behind and clean).

Work is not school or college. Every employee works to benefit the company, which in turn benefits themselves. Screwing over a company or pulling a fast one serves absolutely no use, in the end you're only damaging yourself. There are a lot of people who never got out of the school mindset, I see it even now - people who treat managers as if they were teachers, and spend their days trying to sneak around unnoticed and get away with screwing the company over.

Wishbone Ash

seamus wrote:

Quote:
Originally Posted by Wishbone Ash
You would be in a stronger position to reclaim your money if you didn't leave a 'poxy hour early'.

Bull Ash, really.

I was referring to the reference about unpaid hours not the annual leave entitlement.

seamus

Apologies! Didn't read it properly

punkerrandboy

Mandate is the union of choice in Tesco, you should contact your local shop steward and I am sure he/she will look after you.

As has already been said, you are legally entitled to the holiday pay, there is no question of that. I would advise you not to refer it to a Rights Commissioner just yet at least not until you have spoken to the union as the local rep might sort it for you very quickly as the manager in question is, legally speaking, on very thin ice and HR will tell him that if it comes to that.